The Lower Eastern Times Opening The Third Eye
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The Supreme Court is set to deliver a significant ruling today in the impeachment case of former Deputy President Rigathi Gachagua, who was removed from office in October 2024.
A four-judge bench will decide whether the High Court panel that heard and dismissed several challenges to the impeachment was lawfully constituted under the Constitution.
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Central to the case is whether the three-judge High Court bench—comprising Justices Eric Ogola, Anthony Mrima, and Freda Mugambi—was properly empanelled, and whether Deputy Chief Justice Philomena Mwilu acted within her constitutional powers when forming the bench in the absence of Chief Justice Martha Koome.
In October 2024, the bench empanelled by DCJ Mwilu lifted conservatory orders that had temporarily halted Gachagua’s impeachment, allowing the process to continue and leading to President William Ruto appointing Kithure Kindiki as Deputy President.
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Gachagua’s legal team argues that the High Court bench lacked the constitutional authority to hear the case due to irregularities in how it was formed.
If the Supreme Court confirms the bench was valid, the High Court is likely to resume handling the substantive disputes, including issues related to judicial oversight of parliamentary impeachment procedures.
However, if the apex court rules the bench was improperly constituted, previous High Court decisions could be nullified, requiring a reconsideration of key legal questions.
Gachagua was impeached by the National Assembly and removed by the Senate in late 2024 over alleged gross violations of the Constitution and misconduct. His lawyers have maintained that several aspects of the impeachment and subsequent judicial proceedings were flawed, particularly regarding the composition of the courts involved.
